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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 08-5059

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
v.
JESUS GARCIA-PENA,
Defendant - Appellant.

Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:08-cr-00035-JPB-DJJ-1)

Submitted:

August 18, 2009

Decided:

August 28, 2009

Before NIEMEYER, KING, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Brendan S. Leary, Assistant Federal Public Defender, Wheeling,


West Virginia, for Appellant. Sharon L. Potter, United States
Attorney, Paul T. Camilletti, Assistant United States Attorney,
Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Jesus
after

Garcia-Pena

deportation

felony,

in

following

violation

of

pleaded
a

guilty

conviction

U.S.C.

to

illegal

for

1326(a),

an

reentry

aggravated

(b)(2)

(2006).

Garcia-Pena was sentenced to forty-six months of imprisonment,


followed by three years of supervised release, and now appeals.
His attorney has filed a brief pursuant to Anders v. California,
386 U.S. 738 (1967), raising one issue but stating that there
are no meritorious issues for appeal.

Garcia-Pena was informed

of his right to file a pro se supplemental brief but did not do


so.

We affirm.
In

the

Anders

brief,

counsel

questions

whether

the

district court erred in accepting Garcia-Penas guilty plea as


knowing and voluntary.

Because Garcia-Pena did not move in the

district court to withdraw his guilty plea, any error in the


Fed. R. Crim. P. 11 hearing is reviewed for plain error.

See

United States v. Martinez, 277 F.3d 517, 525 (4th Cir. 2002).
Furthermore, there is a strong presumption that a defendants
guilty

plea

is

binding

and

voluntary

adequate Fed. R. Crim. P. 11 hearing.

if

he

has

received

an

United States v. Puckett,

61 F.3d 1092, 1099 (4th Cir. 1995); see Blackledge v. Allison,


431 U.S. 63, 74 (1977) (finding that statements made during a
plea

hearing

carry

strong

presumption

of

verity).

Our

review of the record discloses that the district court fully


2

complied

with

Rule

11.

We

conclude,

therefore,

that

the

district court did not err in accepting Garcia-Penas guilty


plea.
We have examined the entire record in accordance with
the requirements of Anders and have found no meritorious issues
for

appeal.

We

therefore

affirm

the

judgment.

This

court

requires that counsel inform Garcia-Pena, in writing, of the


right to petition the Supreme Court of the United States for
further
filed,

review.
but

If

counsel

Garcia-Pena
believes

requests

that

such

that
a

petition

petition

would

be
be

frivolous, then counsel may move in this court for leave to


withdraw from representation.

Counsels motion must state that

a copy thereof was served on Garcia-Pena.

We dispense with oral

argument because the facts and legal contentions are adequately


presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED